PPLE Flashcards
the Act declaration of policy
public safety and welfare;
regulation in the public interest to protect the public from unprofessional, improper, unauthorized, unqualified practice of psych from licensed psychs
“board”
state board of psychology in the department of state
“commissioner”
commissioner of professional and occupational affairs in the department of state
“person”
individual, corporation, partnership, association, incorporated organization or a government or any political subdivision, agency or instrumentality thereof
“practice of psychology”
offering to render or rendering to individuals, corporations, institutions, governmental agencies, or public for remuneration services
exceptions to the provisions of the Act
1) simple acts of persuasion or suggestion
2) licensed to practice other healing arts in commonwealth
3) members of other recognized professions (counselors, LCSW)
4) psych in federal agency, dept of corrections, dept of human services, school psychologists by dept of ed
5) psych testing under dept of corrections, dept of human services under licensed psych
6) faculty or staff of university, public school, hospital, research unit; “psych intern” in training or school
7) temp assignment
8) temp license for applicant licensed in another state
9) businesses apply psych to employment
10) admin doing work for psychs under sup of licensed psych
11) education specialist I or II
12) employ and supervise interns not licensed yet
13) employing grad students
state board of psych members
9 members;
US citizen;
residents of commonwealth for 3 years
breakdown of state board of psych members
8 appointed by governor;
1 commissioner of professional and occupational affairs;
2 as representatives of public;
6 as representatives of practice areas of psych
state board of psych terms
4 yrs or until successor appointed but not longer than 6 months beyond the 4 yr period;
if die/resign - successor appointed to hold until unexpired term;
no more than 2 consecutive terms
board of psychs quorum
majority;
must be physically in attendance at meeting to vote
board elections
annually select chairman, vice chairman from members;
annually select secretary - need not be a member of board
board attendance
member fails 3 consecutive meetings unless written reason why;
public member fails 2 consecutive statutorily mandated training seminars unless written reason why;
board meets at least 6 times a year
sunset act
board subject to evaluation, review, termination;
automatically terminates an agency, a law, or a govt program that fails to procure legislature approval beyond a fixed period of time
powers of the board
1) review applicants for licensure
2) adopt, revise rules & regulations regarding licensure and the Act
3) any changes to current licenses, conduct hearings
4) conduct hearings, impose civil penalties if necessary for the Act violation
5) employ professional credentials evaluator to review applications
6) waive exam and grant license in special cases
board of psych fees
1) fees not enough for 2 years then can increase fees;
2) if bureau of prof & occupational affairs says fees not enough to enforce Act, then raise;
3) all fees, fines paid into the professional licensure augmentation account;
4) board may charge fees for things pertaining to licensure
board reports
1) annual to dept of state estimate of financial requirements;
2) annual to house & senate appropriations committees copy of budget request;
3) annually to prof licensure committee of the house of representatives & consumer protection, and prof licensure committee of senate any complaints received & their timeline
qualification for licensure
1) moral character
2) graduate of accredited college - dr in psych or dr in field related to psych
3) no less than 2 yrs supervised experience
4) passed exams
5) paid all fees
6) no felony*
7) affidavit or affirmation verity of application
felony* exception rules
1) 10 years elapsed
2) sig progress in personal rehab so that substantial risk of harm to health, safety of public or further criminal violations gone
3) satisfies qualifications of ACT
“convicted”
judgment, admission of guilt, or a plea of nolo contendere
reasons to refuse, suspend, revoke, limit license
1) failing to meet standards
2) misleading or deceptive psych
3) practicing w/ fraud license
4) incompetence, negligence, misconduct
5) submitting false registration to board
6) felony, misdemeanor in practice of psych
7) issue w/ other state licensing board
8) unable to practice to illness, drugs, mental, physical condition
9) ethics violation
10) knowing aid unlicensed person to practice
11) immoral, unprofessional conduct
12) solicitation of services
13) fail to perform statutory obligation
14) insurance fraud
15) bad records
reporting of multiple licensure
on biennial registration application;
disciplinary action told to both within 90 days or biennial, whichever sooner
psychological testing “under the direction of a licensed psych”
licensed psych reviews each psych testing and psych assessment selected, administered, scored and interpreted by the employee and shall cosign the corresponding report
member fees
$60 per diem when actually attending to the work of the board;
travel, hotel, necessary expenses incurred
options the board may do if license is refused, revoked, restricted, suspended
1) deny application
2) public reprimand
3) revoke, suspend, limit, restrict a license
4) require licensee to submit to care, counseling, treatment
5) suspend enforcement of findings and put licensee on probation
6) restore suspended license w/ disciplinary or corrective measure
7) take other action
when immediate and clear danger to the public health and safety
1) temporarily suspend license, issue an order without a hearing, send written statement of all allegations, determine next steps
2) within 30 days of temp suspension, preliminary hearing to determine prima facie case
penalties, injunctions against unlawful practice
1) 1st offense = misdemeanor, fine of no more than $1,000 or prison for no more than 6 months
2) each additional offense = fine no more than $2,000 or prison 6 months to 1 yr
3) board, by vote may levy civil penalty up to $1,000, after hearing
4) petition courts to stop practicing until properly licensed
board & subpoenas
1) board has authority to issue subpoenas via attorneys representing commonwealth to investigate violations
2) subpoena witnesses for oaths, books, records, papers, documents
3) patient records only w/ consent or order of court
4) board maintains current records of all reports of alleged violations notified by attorney to review for resolvement
licensure renewal
biennial;
designated hrs of approved CE (not office mngmt, practice building);
fee;
records of all licensed psychs in PA kept in office of commissioner
reinstatement of license
unless ordered to do so by commonwealth court, revoked licenses won’t be reinstated;
revoked can apply for reinstatement after 5 yrs
failure to return suspended or revoked license
misdemeanor of the third degree
impaired professional
1) board appoints paid prof consultant to be liaison between board and treatment programs of impaired prof;
2) defer, dismiss correction action due to satisfactory progression in approved treatment program - NOT apply to felony
3) impaired prof enrolled in approved treatment program enters agreement w/ board regarding suspension and complying
4) prof consultant says no progress then board does proceeding to vacate license
5) prof consultant not subject to civil liability
6) failure to report issue impacting prof duties of license fined up to $1,000
child abuse definition
intentionally, knowingly or recklessly doing to a child:
1) causing bodily injury through any recent act or failure to act
2) creating a reasonable likelihood of bodily injury AOFTA
3) fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment through ARA
4) causing or substantially contributing to serious mental injury through AOFTA
5) causing sexual abuse or exploitation AOFTA
6) creating a likelihood of sexual abuse or exploitation AOFTA
7) causing serious physical neglect
8) causing death
9) trafficking
10) engaging in any of the following:
-kicking, biting, throwing, burning, stabbing, cutting
-unreasonably restraining or confining, based on consideration of method, location or duration
-forcefully shaking under 1 YO
-forcefully slapping or striking under 1YO
-interfering with breathing
-causing presence in crimes
-leaving child unsupervised who actor knows or reasonably should have known is a sex offender
delegated supervisor
person to whom the primary supervisor has delegated up to 1hr of the 2hrs required weekly supervision who holds a current license
graduate training in psych
15 graduate semester hours in a doctoral degree program in psych:
1) core programs: ethics, research design and methodology, statistics, psychometrics
2) 4 substantive content areas: biological bases of behavior, cognitive-affective bases of behavior, social bases of behavior, individual differences
3) supervised practicum, internship
bodily injury
impairment of physical condition or substantial pain
client/patient with legal guardians (minors, legally incapacitated adults)
1) legal guardian shall be the client/patient for decision making purpose
2) client/patient for issues reserved to the individual (confidential communication, issues directly affecting the physical or emotional safety of individual)
perpetrator
individual who has committed child abuse:
1) parent of child
2) spouse of former spouse of child’s parent
3) paramour or former paramour of child’s parent
4) indiv 14+ responsible for child’s welfare or who has direct contact
5) indiv 14+ who resides same home
6) indiv 18+ doesn’t reside but related within the 3rd degree
7) indiv 18+ engaging a child in trafficking
perpetrator for failing to act
1) parent of child
2) spouse or former spouse of child’s parent
3) paramour or former paramour of child’s parent
4) indiv 18+ responsible for welfare
5) indiv 18+ resides in home
person responsible for child’s welfare
provides permanent or temp care, supervision, mental health treatment, training, or control of child in lieu of parental care, supervision, control
program, activity or service
children participate sponsored by school or public/private org:
1) youth camp or program
2) rec camp or program
3) sports or athletic program
4) community or social outreach program
5) enrichment or educational program
6) troop, club or similar
psychology intern
student participating in internship as part of doctoral degree program
psychology resident
has doctoral degree, fulfilling supervised experience for licensure
psychology trainee
psych intern or psych resident
recent act or failure to act
an act or failure to act committed within 2 years of the date of the report to the dept. of human services or county agency
serious mental injury
psychological condition, diagnosed by a physician or licensed psych, including the refusal of appropriate treatment, that results in:
1) severely anxious, agitated, depressed, socially withdrawn, psychotic
2) seriously interferes with ability to accomplish age- appropriate developmental and social tasks
serious physical neglect
committed by a perpetrator that endangers health, well-being, bodily injury, impairs health and development:
1) repeated, prolonged failure to supervise
2) failure to provide adequate essentials of life (food, shelter)
sexual abuse or exploitation
1) engage in or assist another individual to engage in sexually explicit conduct:
* looking at sexual or intimate parts for arousal
* sexually explicit conversation
* sexual activity or nudity
* sexual activity for purpose of producing visual depiction
2) any offense committed:
* rape
* statutory sexual assault
* involuntary deviate sexual intercourse (rape of under 15, defendant at least 4 years older)
* sexual assault
* institutional sexual assault
* aggravated indecent assault
* indecent assault
* indecent exposure
* incest
* prostitution
* sexual abuse
* unlawful contact with a minor
* sexual exploitation
sexual abuse or exploitation does not include
consensual activities between a child 14+ and another person who is 14+ and whose age is within 4 years of the child’s age
licensee’s change of name & address
report change in name or address and reason in writing to the Board within 10 days;
failure to do so won’t receive correspondence from Board, including biennial renewal notifications
recognized professional
1) group’s activity and focus based on identifiable body of theoretical knowledge that is diff from psychs
2) regulate entrance into membership w/ standards of knowledge, training, proficiency
3) activity guided by quality standards, ethical principles
4) ordinary accoutrements of a prof (prof journals, conferences, degrees, CEs)
steps for applicant for licensure
1) application, fee
2) transcripts of graduate work
3) criminal history within 90 days of application
4) child abuse history within 90 days of application
5) 3hrs of child abuse recognition and reporting training
6) internship verification, quarterly evals, sup letter, job description
7) other forms or materials requested by Board
license expiration
November 30 of each odd-numbered year, regardless of the date of insurance;
renewable for 2 year period starting December 1
duplicates of licenses
issued only upon submission by the licensee of a notarized statement specifying that the original has been lost or destroyed and stating that the duplicate will be returned if original is recovered
initial application fee
$105
reapplication fee - first time examination failure
$20
reapplication fee - subsequent examination failure
$90
certification fee
$25
verification fee
$15
biennial renewal fee
$300
application fee - continuing education sponsor / provider approval
$165
fictitious/corporate name registration
$80
reactivation of licensure for inactive or lapsed due to failure to register biennially
1) apply for reactivation on forms prescribed by Board;
2) pay renewal fee;
3) meet CE requirements;
4) submit notarized affidavit identifying periods in time during which applicant didn’t practice psych in Commonwealth or practiced in setting where psychs are exempt from licensure
reactivation of licensure who engaged in unauthorized practice
1) pay a late renewal fee of $5 for each month or part of a month during which the unauthorized practice occurred (in addition to renewal fee);
2) not imposed for periods of non practice or practice in an exempt setting
incorporating other licensed psychs or other licensed professionals
1) articles of incorporation and registry statement of proposed corp filed w/ Board for review and approval prior to submission to Corp Bureau where it identifies all licensed or unlicensed profs
2) name approved by Board b4 use
3) if names that limit practice to particular area of psych - must submit documentation of training sufficient to establish the credentials in that area of the relevant service providers
4) announcements of services to public accurately represent the professions of service providers
fictitious names
1) allowed;
2) filed w/ Board for review and approval prior to submission to Corp Bureau;
3) identify all parties with an ownership interest, all licensed or unlicensed prof staff
4) name approved by Board b4 use;
5) if names that limit practice to particular area of psych - must submit documentation of training sufficient to establish the credentials in that area of the relevant service providers
educational qualifications
1) verification of doctoral program approval status completed by program’s director reflecting APA accreditation within 1 yr of degree awarded
2) if not accredited, do extra education or training or both signed by director
3) official transcript from registrar
4) foreign - national register evaluation evidencing
5) requirements change on or after 7/1/08 or prior to 3/23/1991
experience qualifications - timing
1) 1yr (at least 12 months of at least 1,750hrs) of supervised postdoctoral experience
2) no more than 45hrs/wk but no less than 15hrs/wk
3) 50% of required hrs be diagnosis, assessment, therapy, other interventions, supervision, consultation
4) total experience within 10yrs from degree - if not, write waiver for board explaining why not
experience qualifications - two entities
1) obtained at more than 1 entity simultaneously if at each for min 6 consecutive months, 15hrs/wk in each, doesn’t exceed 45hrs/wk
2) consistent w/ psych resident’s education, training
3) psych resident can’t act independently
4) have primary sup in each location
experience qualifications - supervision
1) all experience obtained under primary sup
2) can have 1hr/wk from delegated sup
3) if can’t comply w/ sup requirements, upon showing of exceptional circumstances, request Board to approve detailed written plan for sup
4) requirements changed 12/6/10
5) can practice psych under primary sup from completion of required hrs to license
requirements to be/of supervisor
1) licensed
2) qualified by training, experience of areas of supervised practice
3) own, employee, contract with place
4) review issues of practice, ethics w/ psych resident
5) meet individually F2F average of at least 2hrs/wk
6) notes, records of sup until resident is licensed
7) resident’s status known to pts, 3rd party mayors
8) quarterly evaluations, progress
primary, delegated supervisors may NOT
1) subject to resident’s control or influence
2) related to resident by blood, marriage
3) dual relationship w/ resident
4) treat or have treated resident
5) active suspension or revocation by Board
6) accept fees, honoraria, favors, gifts from resident
responsibilities of primary, delegated supervisor
1) course in sup from psych degree program or 3hrs of CE in sup
2) create objectives w/ resident to achieve, evaluate them
3) accessible for consultation to resident’s pts
4) responsible for pt of resident
5) interrupt or terminates services provided or sup relationship
6) observe resident in sessions
7) monitor sup by delegated sup
8) evaluate resident’s competence, knowledge needed for licensure
applicant deemed ineligible to take exams
1) notified in writing reasons for ineligibility
2) within 30 days of notice, applicant can correct causes or file request for reconsideration - give reasons for request, accompanied by documentary materials not previously submitted which the applicant wishes the Board to consider
reexamination
1) 1st failure - file updated app, pay reapplication fee - after 6 months but within 2yrs of 1st exam date
2) subsequent fails, reapply after 60 days following fail, pay reapplication fee
3) can’t sit for more than 4 exams in 1yr
waiver of examination
1) Board deems exceptional by virtue of applicant’s international or national reputation for having made extraordinary contribution to science, practice of psych
2) applicants formally petition Board in writing to consider documentation supporting their request for a waiver
3) decided by Board, communicated in writing, with reasons
persons licensed in other states
1) complete forms supplied by Board, pay initial application fee, 3hrs of child abuse recognition and reporting training
2) if passed EPPP score in new state, not required to repeat exam
3) can practice on temp assignment for up to 6 months, after written notification to Board, written receipt from Board
4) can only extend an additional 6 months - requests made in writing to Board
licensure by endorsement
1) current license, certification, registration, good standing, in another jurisdiction with similar standards as Board
2) submit copy of license, certification, registration w/ enactment date
3) been practicing in psych for 2 of last 5 years
4) 30hrs of CE during past 24 months
5) no bad act
6) no discipline from current jurisdiction
7) paid fee
8) meets all other requirements of Board
9) 3hrs of child abuse recognition, reporting training
10) may need to complete interview, additional info
provisional endorsement license
1) to applicant while satisfying remaining requirements for licensure
2) use up to 1yr after issuance
3) Board grant extension if written request, showing of good cause
termination of provisional endorsement license
1) Board denies or grants license
2) failure to comply with terms of PEL
communications to and from the Board
1) give official consideration only to communications made in writing directed to the Board office
2) communication from Board not official unless authorized by Board or writing by officer of Board
private practice by certified school psychologists
1) school psychs certified by dept of education can work in private practice what they are permitted to do in schools of Commonwealth
2) current certificate as education specialist I, II issued by dept of ed
3) concurrently, employed in school in commonwealth as school psych
professional records should include
1) name
2) address
3) minor status / names of legal guardian, legal custody agreement
4) presenting problem or purpose of diagnosis
5) fee arrangement
6) date and substance of each service
7) test results or other evaluative results
8) notation and results of formal consults w/ other providers
9) any authorizations
keeping of professional records
1) store and dispose of written, electronic or other records in a confidential manner
2) data entries in prof records maintained for at least 5yrs after last DOS
3) confidential disposition of records due to psych’s withdrawal from practice, incapacity or death
standards for employing, supervising unlicensed persons with graduate training in psych
1) employee has satisfied education training req
2) bear full responsibility for every of employee’s pts
3) all over supervisory responsibilities
4) render competently every psych service employee does unless delegated to other sup
requirements for supervisors of unlicensed persons with graduate training in psych
1) employee possesses skills commensurate with assigned work
2) plan all service delivery procedures thru consultation, gain knowledge of pts
3) regular F2F consultation, supervision as outlined
4) available for emergency consult, intervention
5) ongoing record of employee activities, competence, outcome
6) sign or countersign all
7) employee status known to pts
8) that pts can meet w/ sup
9) no more than 3 FT or equivalent PT at once
biennium
period from Dec 1 of odd-numbered year to Nov 30 of the next odd-numbered year
continuing education unit (CEU)
1 CEU = 10 contact hours
contact hour
unit of measuring equaling 50 to 60 minutes of participation in an approved continuing education course or program
CE req for biennial renewal
1) 30 contact hours (3 CEUS)
2) 3 of which in ethics
3) at least 2 of which in child abuse recognition and reporting
4) up to 10 contact hours in excess of 30 from immediately preceding biennium carry over from one biennium to next (except ethics)
board approved CEs
1) not instruction on office management or practice building
2) psych keeps certificates, can be audited
3) accredited colleges
4) APA-approved sponsors
5) american medical association (AMA) in psych
board approved sponsor
1) offers courses, programs w/ specific learning objectives
2) procedure for determining consumers’ perceptions of whether objectives met or not
home study contact hours
may accrue up to 15 contact hours
instruction contact hours
1) accrue up to 15 contact hours
2) teach course in psych for accredited college if it generates semester hour credit
3) teach workshop for approved sponsor
4) 1hr instruction = 1 contact hour
5) indiv course, workshop credited to instructor once every 4 yrs
professional writing contact hours
1) accrue up to 10 contact hours
2) write article published in a journal abstracted in PSYCHLIT
3) chapter or more in textbook for psychs published by commercial publisher, state, national psych association
exemptions from CEs
1) received license within 2 yrs of psych’s first application for biennial renewal
2) persons licensed in other states have quarters of 3 months
CEs while suspended
suspended or restricted license must show compliance with CE requirements during this period still
mandated reporter reasonable cause circumstances
1) employment, practice of psych
2) directly responsible for care, sup, guidance, training of child or affiliated with entity that is directly responsible for care
3) person makes specific disclosure that identifiable child is victim
4) indiv 14+ makes specific disclosure they did child abuse
mandated reported in public, private agency
1) do it immediately
2) immediately thereafter notify person in charge
written or electronic report of child abuse includes
1) names, addresses, parents, anyone else responsible for child’s welfare
2) where suspected abuse occurred
3) age, sex of each subject in report
4) nature and extent of abuse, including any evidence of prior abuse to child or sibling
5) name, relationship of each indiv responsible for abuse, evidence or prior abuse by each individ
6) family composition
7) source of the report
8) name, phone, email of person reporting
9) other information deemed important
suspect death via child abuse
report to coroner or medical examiner of county where death occurred or where injuries were sustained
outcomes of noncompliance of child abuse
1) disciplinary action
2) misdemeanor of the 2nd degree
3) felony to 3rd degree if: willfully fails to report (and while it continues to happen), abuse constitutes felony, has direct knowledge of the nature of abuse
4) if has prior offense at time of sentencing, felony
exemption from child abuse recognition and reporting mandatory training
1) completion of training or CE is duplicative or unnecessary under given circumstances
2) applicable for only that biennial renewal period
3) will not be granted solely upon proof that children aren’t part of their practice
no’s to sexual intimacies
1) psych and current pt or immediate family member of current pt (2yrs)
2) psych and psych trainee, student, or research participant
3) can’t accept pt who they boned in the past
demonstrating no exploitation of pt if now sexual intimacy 2yrs following termination
1) time passed
2) nature, duration of therapy
3) circumstances of termination
4) pt’s personal history
5) pt’s current mental status
6) statements, actions made by psych during therapy to suggest possibility of posstermination relationship
7) likelihood of adverse impact on pt and immediate family members of pt
note about disciplinary or corrective action against psych who has relationship w/ pt
1) not eligible for placement into an impaired professional program in lieu of disciplinary or corrective actions
2) burden of psych to prove no exploitation of pt
reporting of crimes, disciplinary actions to Board
1) within 30 days of conviction of felony or misdemeanor, or biennial renewal app (whichever sooner)
2) within 90 days of other state if double+ licensed, or biennial renewal app (whichever sooner)
notice of active suspension or revocation
1) return license to Board
2) notify all current pts, indiv they sup
within 30 days of receiving notice
(sanction, date start, length, nature of violation, assist others in obtaining alternative resources)
ethics principle 1) responsibility
1) accept responsibility for consequences, make every effort that their services are used appropriately
2) responsible for all aspects of research, discuss limitations of data, include disconfirming data, explain findings to ensure not misunderstood, take credit for work they actually did
3) discuss expectations in advance, no conflict of interest
4) attempt to prevent distortion, misuse
5) as owners, retail full professional liability
6) teachers present info objectively, fully, accurately
ethics principle 2) competency
1) recognize limits of competence, provide only services they are qualified in, precautions when no standards exist yet
2) rectify informally first
3) gain experience for licensure under qualified supervision
4) qualified education requirements
5) ongoing CEs, trainings to continue knowledge
6) aware of personal problem’s impact on work
ethics principle 3) moral and legal standards
1) don’t deviate from norms
2) how personal values affect work
3) follow APA standards, guidelines
ethics principle 4) public statement
1) accurately represent qualifications
2) base statements on scientific findings
3) accurately use term psychologist
4) no sponsorship
5) cannot contain: false statements, misrepresentation, likely to create fake expectations, appeal to fears, comparing services
6) research clearly states nature, costs, obligations
7) no solicitation
ethics principle 5) confidentiality
1) clear and imminent danger to individual or society
2) info in clinical, consult relationships
3) de-identified teaching materials
4) research subject identity after explicit permission
5) correct disposition of records
ethics principle 6) welfare of the consumer
1) can stop participation in services
2) no dual relationships, exploitation
3) clarify nature of relationships to all parties
4) good financial agreements
5) terminate relationships if consumer not benefiting from it
ethics principle 7) professional relationships
1) no exploitation, sexual harassment
2) question policies if necessary
ethics principle 8) utilization of assessment
1) state limitations
2) remove obsolete test data from file to ensure no misuse
ethics principle 9) research with human participants
1) determine ethics of it, weigh scientific and humane values
2) determine appropriate risk of each potential participant
3) drug use only in clinics, hospitals
4) determine whether concealment is justified by the value, alternative procedures are available, participants have sufficient explanation ASAP
5) free to decline or leave whenever
6) no physical or mental discomfort
ethics principle 10) care and use of animals in research
1) all those involved trained first
2) every effort to minimize discomfort
hours, at least, that pre-doctoral interns must spend in direct pt contact
375
hours, maximum, that pre-doctoral interns may spend pursuing research during their internship
375
